1E9Ct5D

Beyond the realm of e-discovery, you should consider hiring a public relations or crisismanagement firm to assist you in shaping the company’s response to the tragedyamidst the onslaught of publicity. Defense attorneys are poorly suited for this role.Defense attorneys are innately and reflexively cautious, and will consider all the risks ofmaking public statements without appreciating any potential benefits. Today, with theway news is reported – and then repeated and amplified on social media – simplysaying “no comment” is not helpful and could actually be harmful, especially if othersare talking.Certainly, there is wisdom in the avoidance of offering speculative opinions that mayhave to be “walked back” later in an investigation. However, this consideration must beweighed against the benefits offered by the opportunity to influence “hearts and minds”through the affirmative telling of your own side of the story.Also consider the need for a forensic accountant. Such an expert could help on anumber of fronts. In the case discussed above, because Company X was insufficientlyinsured relative to the exposure, the forensic accountant developed reports on thecompany’s financial status. The information was disclosed in the strictest confidence ofsettlement discussions to convince the plaintiffs that the insurance limits were all thatcould be conceivably recovered. These efforts helped get the case resolved quickly,and without a lengthy due diligence process.Finally, many private investigators and independent adjusters excel in documentingaccident scenes and taking witness statements. Witnesses will often talk more freelywith non-lawyers or persons outside the company. Sometimes, investigators are